Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 452 -- Bail - Rape - Victim was won over by accused on account of a long gap of two months and nine days between examination-in-chief and cross-examination and she resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - Considering the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second application filed by wife u/s 125 Cr.P.C though earlier application was dismissed without providing liberty to file fresh, is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Application u/s 125 Cr.P.C should be decided summarily as per procedure prescribed under CPC by Family Court...........
Civil Procedure Code, 1908, Section 24 -- Transfer of Domestic Violence case to Family Court - Original jurisdiction to file application u/s 12 of PWDV Act is only with jurisdictional Magistrate - Jurisdiction of Family Court and DV Act Court are concurrent - Transfer of such proceedings to Family Court would also take away the right of aggrieved women to avail the right..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint, during pendency of appeal, to seek alternative relief of earnest money in a suit for specific performance - Alternative relief sought does not amount to introduction of new cause of action - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - In order to decide an application U.O.7.R.11 CPC, Court has to evaluate the plaint only - In whole of plaint, there is no such averment from which it can be held that suit is barred by res judicata - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff is dominus litis - Defendant cannot ask plaintiff to add any person in the suit instituted by him - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - For the purpose of evaluating the value of suit and for adjudicating upon application U.O.7.R.11 CPC, Court has to evaluate the plaint as a whole...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
